In 1872 Herschell was made a queen's counsel. He had all the necessary qualifications for a leader--a clear, though not resonant voice; a calm, logical mind; a sound knowledge of legal principles; and (greatest gift of all) an abundance of common sense. He never wearied the judges by arguing at undue length, and he knew how to retire with dignity from a hopeless cause. His only weak point was cross-examination. In handling a hostile witness he had neither the insidious persuasiveness of a Hawkins nor the compelling, dominating power of a Russell. But he made up for all by his speech to the jury, marshalling such facts as told in his client's favour with the most consummate skill. He very seldom made use of notes, but trusted to his memory, which he had carefully trained. By this means he was able to conceal his art, and to appear less as a paid advocate than as an outsider interested in the case anxious to assist the jury in arriving at the truth. By 1874 Herschell's business had become so good that he turned his thoughts to parliament. In February of that year there was a general election, with the result that the Conservative party came into power with a majority of fifty. The usual crop of petitions followed. The two Radicals (Thompson and Henderson) who had been returned for Durham city were unseated, and an attack was then made on the seats of two other Radicals (Bell and Palmer) who had been returned for Durham county. For one of these last Herschell was briefed. He made so excellent an impression on the local Radical leaders that they asked him to stand for Durham city; and after a fortnight's electioneering, he was elected as junior member. Between 1874 and 1880 Herschell was most assiduous in his attendance in the House of Commons. He was not a frequent speaker, but a few great efforts sufficed in his case to gain for him a reputation as a debater. The best examples of his style as a private member will be found in _Hansard_ under the dates 18th February 1876, 23rd May 1878, 6th May 1879. On the last occasion he carried a resolution in favour of abolishing actions for breach of promise of marriage except when actual pecuniary loss had ensued, the damages in such cases to be measured by the amount of such loss. The grace of manner and solid reasoning with which he acquitted himself during these displays obtained for him the notice of Gladstone, who in 1880 appointed Herschell solicitor-general.